Partly allowed

Smt. Bhan Bai v. Akash Goyal

Chhattisgarh HC5 May 2024MAC/604/2017

Case brief

AI extract

What is this about?

Claimants appealed a motor accident death award seeking enhancement of compensation for the death of a 60-year-old agriculturist. The court reassessed monthly income at Rs.6,000/-, applied multiplier 7 with deductions and consortium heads per Supreme Court precedents, enhancing compensation by Rs.3,03,165/- with 6% interest.

What did the court decide?

Enhanced compensation of Rs.3,03,165/- with interest at 6% from date of order, payable by insurance company within 60 days; investment and disbursement directions issued to appellants.

Smt. Bhan Bai Vs Akash Goyal — Motor Accident Claims | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MAC No. 604 of 2017

¶5

Smt. Bhan Bai W/o Late Chhannu Lal, Aged About 60 Years R/o Village Basin, Police Station Ranitarai, Tahsil Patan, District Durg, Chhattisgarh

¶6

Purushottam S/o Late Chhannulal, Aged About 40 Years R/o Village Basin, Police Station Ranitarai, Tahsil Patan, District Durg, Chhattisgarh ..............Claimants

¶7

---- Appellants

¶8

Versus

¶9

Akash Goyal S/o Dharmveer Goyal, Aged About 23 Years R/o Main Market, Kirandul, District Dantewada, Chhattisgarh ...............Driver Of Truck No. C.G.18 K 2023

¶10

Lukesh Goyal S/o Dharmveer Goyal, R/o House No.1280/6, Dr. Rajendra Prasad Ward No.2, Kirandul, Tahsil Kuwankonda, District Dantewada, Chhattisgarh ...............Owner Of Truck No. C.G.18 K 2023

¶11

United India Insurance Company Limited, Through The Branch Manager, Gurudwara Road, In Front Of S.B.I., Police Station Mohan Nagar, District Durg, Chhattisgarh ...............Insurer Of Truck No. C.G.18 K 2023

¶12

---- Respondents

¶13

For Appellants	: Shri S.K.Agrawal, Advocate
For Respondent No.3	: Shri Akash Shrivastava, Advocate on behalf of Shri R.N.Pusty, Advocate

¶14

Hon'ble Shri Justice Sachin Singh Rajput

¶15

Order On Board

¶16

06/05/2024

¶17

Challenging the award dated 30/01/2017 passed by the 8^th Additional Motor Accident Claims Tribunal, Durg (CG) in Motor Accident Claim Case No.111/2015, the appellants / claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘MV Act’).

¶18

By the impugned award, against a claim of Rs.10,98,666/-, learned Tribunal has awarded compensation of Rs.1,42,835/- in favour of the appellants / claimants on account of death of Chhannulal in an accident that occurred on

¶19

¶20

14/06/2015 by rash and negligent driving of the offending vehicle (Truck) bearing registration No.CG-18/K-2023 by respondent No.1 / driver, owned by respondent No.2 and insured with respondent No.3/insurance company.

¶21

As per pleadings of the claim application, at the time of accident, the deceased was aged about 60 years. He was earning Rs.40,000/- yearly by doing agriculture and repair work of tractor. Therefore, the aforesaid compensation was claimed. The claim application was resisted by respondents No.1 and 2 on various grounds and the insurance company took a plea that there was violation of the terms and conditions of the insurance policy.

¶22

On the basis of above broad pleadings, learned Tribunal framed issues, decided those issues in favour of the appellants / claimants and awarded the aforestated compensation.

¶23

Learned counsel for the appellants submits that though yearly income of the deceased is not disputed but amount awarded on other heads is on the lower side. Therefore, it is prayed that suitable enhancement may be made.

¶24

Learned counsel for respondent No.3 supports the award and submits that just compensation has been awarded.

¶25

I have heard learned counsel for the parties, considered their rival submissions and perused the records.

¶26

*-Considering the age of the deceased, nature of job, number of dependents and evidence available, this Court assesses monthly income of the deceased to Rs.6,000/- and taking guidance from the judgments of the Hon’ble Supreme Court in the case of Sarla Verma and ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130, this Court hereby computes the compensation in the following manner -

¶27

1. Monthly income	Rs.6000/-

¶28

¶29

2.	Yearly income (6000x12)	Rs.72000/-
3.	1/3rd deduction for personal expenses (72000-24000)	Rs.48000/-
4.	Multiplier of 7 (48000 X 7)	Rs.336000/-
5.	Funeral expenses + loss of Estate+ spousal consortium	+Rs.70000/-
6.	Parental Consortium (Rs.40,000/-)	+Rs.40000/-
	TOTAL COMPENSATION	Rs.4,46,000/-

¶30

The learned Tribunal has awarded Rs.142835/- which is deducted from the total compensation now awarded and the enhanced compensation comes to Rs.3,03,165/- . Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of this order to be deposited by the insurance company within a period of 60 days. After the amount of compensation is deposited, Rs.1.5 lakhs be invested in the name of appellant No.1 as fixed deposit in a Nationalised Bank for a period of one year. Rs.50,000/- be disbursed to appellant No.2. Remaining amount shall be disbursed to appellant No.1 through Bank transaction / account payee cheque.

¶31

The appeal thus allowed in part.

Sd/- Sd/- Sd/-

Sd/-

Sd/-

(Sachin Singh Rajput ) Judge

¶36

Deepti

Smt. Bhan Bai v. Akash Goyal

Case brief

What is this about?

What did the court decide?

Smt. Bhan Bai v. Akash Goyal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Sangeeta Chandak Vs Bhanwar Lal Rathi

Deepak Kumar Tandan Vs Tejpal Sahu

Somendra Pouranik Vs New Jeevan Bus Service

Deleted (Etwa Ram Minj) (Died) Vs Krishna Kumar Singh

Smt. Mankunwar Vs Sah Bhumi Sanrakshan Adhikari

Gangadhar Kashyap Vs Nishan Singh